June '23

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7 8 G R A P H I C S P R O • J U N E 2 0 2 3 G R A P H I C S - P R O. C O M A P P A R E L D E C O R A T I N G Children's clothing and the law Another facet of creating clothing for children that must be addressed is copy- right. e first thing to cover is what spe- cifically can and can't be copyrighted. ings that can be copyrighted include graphic designs, logos, and textile or fab- ric designs. Granted, there are rules about how original the design or logo must be, and it must demonstrate a minimal amount of creativity. Brands with logos may also trademark them, so even if they would not be protected under copyright, they may be protected under trademark. So how does copyright affect you in your shop? Well, almost everyone has heard a horror story about a shop that cre- ated something that infringed on a popu- lar company's copyright and got caught. It may be tempting to take a chance with the idea that you're too small to be noticed, or that you can change the image of the final design enough to escape infringement, but it's a roll of the dice that has huge conse- quences if you come up snake eyes. e same thing applies to buying a design and violating the licensing agreement. A good rule of thumb is to always read the licensing agreement or terms of sale before you buy a design, and then make sure you follow that agreement. For designs that are based on things like car- toon characters, sports teams, or other ele- ments that were created by someone else, buy a licensed design and use it accord- ingly. Keep in mind that buying a design with a license does not always mean that you can use the design to make things to sell. Read the licensing requirements of the design carefully to be sure that you can put the design on items that will be for sale. Please also remember that any designs you buy are for your use only. ere are groups on Facebook and in other places where people share copyrighted designs. When you buy a design, you are paying for your ability to use it. If another deco- rator wants to use the same design, they should go buy their own copy. Sharing copyrighted designs is stealing prof it "These are some photos of shirts I created last year for a co-workers summer vacation," says Becky Kirkner. "She goes with her family, and while there they collect sea glass. She wanted something the kids could color." (Images courtesy BakDraf Creations, LLC) (Image courtesy of Love That Cotton)

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